Courts should be slow to interfere with garda discretion as to when to apply handcuffs

Criminal law – cases stated – use of reasonable force when making arrest – application of handcuffs – lawful arrest and detention – drink driving – section 2 of the Summary Jurisdiction Act, 1857, as extended by section 51 of the Courts (Supplemental Provisions) Act, 1961 – whether handcuffing was objectively justified – differentiation differentiate between questions of fact and questions of law – whether the District Judge was correct in law to find the arrest of the accused unlawful – what test ought to be applied by the arresting Garda in determining whether handcuffing is appropriate – ‘genuine belief of necessity’ – District judge erred in law in holding arrests to be unlawful – behaviour, character, demeanour, personality of the individual who is to be handcuffed – generous measure of judgment allowed to arresting member – regularity with which the learned District judge found handcuffing to be unlawful suggests to the court that in breach of applicable law he had insufficient regard to the slowness with which the courts will tend to review operational decisions of individual Gardaí.